AUTHOR: SABREEN BANO FROM UNITED UNIVERSITY PRAYAGRAJ.
TO THE POINT
POCSO refer as protection of children from sexual offences. Pocso act was enacted in 2012 ,14 November by Indian government which is deal and prevent child who are below age of 18 from sexual abuse, sexual harassment, sexual assault, pornography. It is a neutral law for both boy and girl below age of 18 this law basically justifies a protection and punishment of offences.
Its main aim to protect child from all types of harms. Posco act talk about Right to life and survival, right to treat with dignity, best interest of the child, right to be heard, right to privacy, right to privacy, right to effective assistance, right to special preventive measures, Protect from discrimination, Punishment, and compensation.
ABSTRACT
The pocso act 2012 define the meaning of ‘child’ means every person below age of 18 either boy or girls. Pocso act not only talk about protection of children it is also describe the punishment of crime which for both male and female who committing the offence, it is also set out a system for support of victims and improved methods for catching offenders. Pocso is a gender-neutral law – the child victim of sexual offence could be a boy or a girl.
The primary objective of the pocso act to protect child from sexual offences and providing speedy/fast effective delivery of justice to the victims. It is mandatory to form a special court for the trail of offences, child friendly procedure for supporting and encourage the child to come forward and record their statement without fear, pocso play a crucial role in providing awareness about sexual abuse and empowering survival to seek justice for creating a safer environment where every child can grow and thrive without fear.
USE OF LEGAL JARGON
Pocso act (Protection of children from sexual offence) it is very essential now a day because number of crimes increase day by day ,pocso act enforce 14 November 2012 by Indian government for prevention of harm and sexual assault from child below the age of 18 ,there are 46 section in pocso act 2012,which is deals with protection and punishment for sexual abuse ,sexual harassment and use to child pornography, which is punish under( POCSO and IPC section 375/376). Some key terms to understand the concept of pocso: the Sexual assault – any act done with sexual intent on which is offence in the eyes of law and with physical contact without consent this in consider as sexual assault, Penetrative sexual assault – in this offence any object or using any body part to inserting in any person’s body without consult it is this type of act called penetrative. Aggravated sexual assault – this act occurs when sexual offence committed aggressively with using (Weapon, or involvement of multi offenders) In camera trail – in camera trail means the procedure and trail should in private not publish because of the dignity of victim, safety and security etc. Pocso act describe offenders penalty and punishment that is imprisonment for life, fines or both or death penalty in some cases.
THE PROOF
The protection of children from sexual offences act (POCSO) 2012 , is the primary law in India which deals with sexual offences which committed with children below age of 18 it is establish in 2012 by Indian government in the view of crimes enlargement and providing free and fare justice to the victims ,in 2019 protection of children from sexual offences (amendment) come to increase further strengths and including provisions related to child pornography. There are several act related to pocso act in India – Juvenile justice (care and protection of children) act 2000, it is law related to child offenders who is minor its aim to protect and guide minors offenders from further crimes and teach them motivate and proper care according to their offences, The protection of children from sexual offences rules,2020. In last three years India fluctuating number of pocso cases. In 2019 there was 1,48,090 cases, those cases were decreased in 1,28,531 in 2020. In 2021, 53,874 cases were recorded. Uttar Pradesh reported highest number of pocso cases in 2021, followed by Maharashtra and Kerala. The national crime records bureau (NCRB) reported a 30.8% increase in pocso cases in the last five years. The highest % of sexual offences in Sikkim (48.6%), Kerala (28.1%), and Meghalaya (27.8%) .
CASES
Satish Ragde v. state of Maharashtra (2021)
Fact
In this case victim is a 12-year-old girl and accused Satish ragde 39 old men who committing sexual assault with bad intent. Her mother file a case against Satish under pocso act 2012.
The trail court found guilty to Satish ragde and punish him with 3 years of imprisonment but this judgment ruled with Bombay high court by justice Pushpa Ganediwala provide some guidelines for sexual assault confirmation first is “skin-to-skin” contact, sexual intention without penetration, and describe that this act cannot covered under section 7 of pocso and reduce the imprisonment of 3 years into 1 year under section 354 of IPC. This judgement challenged by 3 bench of supreme court judges – Justice UU Lalit, S Ravindra Bhat and Bela M Trivedi, held that skin to skin is does not matter in sexual assault the main thing is intention of offenders while offence.
Nipun Saxena v. union of India (2019)
In this case supreme court held that no one can publish and disclose the photos, videos, address, of victim and victim’s parent’s information in social media or any other information by which revealed the victim’s identity. If any person does such act they were punish under 228A in IPC and 327 in CRPC punishment of 2 years or fine.
Alok Srivastava v. union of India & oth. (2018) SC
Sc held that completion of trial within a period of 1 year from the date of taking cognizance of the offence as provided in section 35 of pocso act.
The CJI of high courts have been asked to form a 3 judges bench committee to control & supervise the progress of the pocso act cases. If 3 judges are not available, the CJI of the respective court will form a committee.
Gaya prasad pal @mukesh v. state of Delhi (2017)
Even though the law allows for a trial on an alternative charge for both offences, the punishment can only one of them, the one that is serious.
Balaji sarjerao kamble v. state of Maharashtra (2017)
It is held that merely because the date of crime is not given by the victim, her evidence cannot be disregarded.
Sudhir & another v. state of Maharashtra (2020)
It is held that to complete the offence of rape, intention / preparation of any kind is a prerequisite. Merely touching the private part of the victim would not amount to rape.
Gulafsha begum V. state of UP (2021)
The supreme court as well as high court have observed that no court can bind the prosecutrix to get the DNA test conducted. It is probable that an adverse inference can be drawn against the prosecutive. On refusal of the prosecutive to undergo for DNA test but no DNA test can be conducted of the prosecutrix without her consent.
Mrigraj Gautam @ rippu v. state of UP & Atul v. state of UP
POCSO act not intended for teenager’s romantic affairs. Protection must be given to any consensual sexual act done between minors.
Hari dev acharya @ Pranav Anand & Ors. V. state
The Delhi high court stated that as the pocso act is silent on where two separate incidents can be combined in a single FIR, the provision of CRPC would apply.
Libnus v. state of Maharashtra (2021)
The Nagpur bench adjusted that holding a minor’s hand & opening the zip of pants will not come under the purview of sexual assault under pocso act & would rather be considered sexual harassment.
CONCLUSION
POCSO (Protection of children from sexual harassment) act 2012 was enforce in 14 November 2012 its primary function is to protect child below age of 18 from sexual harassment, sexual assault, and various harms. Pocso aim to sperate awareness about crime and provide free and fear justice in less time taken it is neutral law for both girls and boys. Every person who is offender committed an offence either male and female they punish with imprisonment or fine or death penalty in some cases. It is a law which only related to the child below age of 18.
FAQs
What is pocso act?
The pocso act, (protection of children from sexual offences) it is a landmark law in India enforced in 14 November 2012 by government of India, this act is basically made for the child protection from sexual abuse and harassment. Pocso act define the child meaning, punishment and talks about protection of children.
How IPC and POCSO differ from each other?
Ipc (Indian penal court) it is primary criminal law code of India; it consists various of offences and their punishment and legal procedure in it. Ipc constitutes a crime inn India and set the penalty of that crime.
Pocso is a law which main focuses on child below age of 18 for protection from sexual assault and harassment.
